Reform Of Factual Marriage System

Factual marriage is a concept relative to legal marriage.While there's no well-defined definition upon factual marriage in the Marriage Law of the People's Republic of China,the absence of legal regulation doe snot mean the coexistent factual marriage.On the contrary,the factual marriage abound in both urban and rural areas.However,these factual marriage relationships may trigger many issues when being terminated for the lack of relevant laws,making it almost impossible to protect the lawful rights and interests of the vulnerable party.It's based on offering to the theoretical achievements of the predecessors that the author conducted the research on the reform of factual marriage system.Firstly,the author gave a definition to the concept of factual marriage,analysand characteristics of factual marriage by means of container analysis,and Luther clarified the differences between factual marriage and non-marital cohabitation;then,the author gave a thorough analysis on the status duo and necessities of reforming the factual marriage system,sorted out the evolution of factual marriage legislation in China,and pointed out problems and deficiencies of China's factual marriage legislation;after that,the author stated the legislative status in the main countries of the world and analysand their referential and inspirational magnification to China;in the end,the author put forward the principles and legislative model for the reformation of factual marriage system in China.In terms of specific ref om content,she suggested to take ceremony marriage into the scope of legal protection conditionally,clarify confirmation criteria for factual marriage relationship in legislation,and ascertain Judaical confirmation procedures for factual marriage.Besides,the author also put forward the ultimate solution for settling down factual marriage problems,which is by empowering the judge with the right of confirmation for factual marriage relationships,and gave same legal effect as legal marriage to factual Maria marriage that are qualified and accredited by judicial procedures.